Slide 1:YoLanda Starke International Trade Specialist United States Department of Agriculture (USDA) Foreign Agricultural Service (FAS) Office of Scientific and Technical Affairs (OSTA) International Regulations and Standards Division (IRSD) Compliance with the WTO SPS Agreement: U.S. SPS National Notification Authority & Enquiry Point Process


Overview :2 Overview What is an SPS Measure? WTO SPS Agreement/Notification Obligations National Notification Authority (NNA) Which are the U.S. SPS Rulemaking Agencies? Enquiry Point (EP) Wrap Up


What is an SPS Measure? :3 What is an SPS Measure? To Protect Human or animal life or health Human life or health Animal or plant life or health Country From Risks arising from additives, contaminants, toxins or disease causing organisms in foods, beverages or feedstuffs Plant or animal carried diseases Pests, diseases or disease causing organisms Damage caused by the entry, establishment, or spread of pests


WTO SPS Agreement :4 WTO SPS Agreement Agreement on the Application of Sanitary and Phytosanitary (SPS) Measures Instituted in 1995 under the WTO Uruguay Round Regulates trade in animal, plant and food products to legitimately protect health Allows each country to manage risk but with the least impact on trade


:5 The WTO SPS Agreement states that Members shall establish a Notification Authority and Enquiry Point. WTO SPS Agreement


:6 The National Notification Authority (NNA) provides information about a Member country’s New or Modified SPS Measures to other WTO Members National Notification Authority


:7 Via the NNA, Members shall Publish a notice at an early stage such that other Members have an opportunity to review the particular regulation Provide copies of the proposed regulation to other Members upon request Identify the parts that substantially deviate from international standards, guidelines or recommendations (OIE, IPPC, CODEX) SPS National Notification Authority


:8 In the United States, the SPS NNA is housed in FAS Responsible for notifying all SPS measures that: Are new or changed Significantly impact international trade Are not substantially the same as internationally recognized standards (OIE,CODEX, IPPC) SPS National Notification Authority


:9 The NNA Process in the United States When a U.S. agency adds, rescinds, or revises a measure, a “Notice of Proposed Rule Making,” is published in the U.S. Federal Register and made available on its website, http://www.gpoaccess.gov/fr/ Rulemaking agencies submit draft notification to NNA NNA reviews draft notification for compliance with the WTO format NNA checks notification database for subsequent notifications and submits the final notification to the WTO WTO publishes the notification on its website SPS National Notification Authority


Which are the U.S. SPS Rulemaking Agencies? :10 Which are the U.S. SPS Rulemaking Agencies? USDA Animal and Plant Health Inspection Service (APHIS) – Plants, growing media, biologically engineered products, pest risk analysis procedures, livestock, plant and animal diseases and pests, wood packaging materials USDA Food Safety and Inspection Service (FSIS) – Beef, pork, poultry, and egg products U.S. Food and Drug Administration (FDA) - Processed foods, supplements, labeling, live marine animals, animal feed, veterinary drug residues Environmental Protection Agency (EPA) - Pesticide residue levels, chemical registration procedures


:11 The Enquiry Point provides a Member’s comments to other WTO Members on the appropriateness and feasibility of their SPS measures SPS Enquiry Point


:12 Receives WTO Members’ notification via WTO website or from WTO directly Distributes notifications to government agencies and industry via email (every Friday/Monday) Conducts Inter-agency WTO SPS/TBT Notification Review Meeting (every Tuesday) – Communication is key. SPS Enquiry Point


SPS Enquiry Point :13 SPS Enquiry Point The SPS Enquiry Point Process in the United States Comments on notifications are submitted to Enquiry Point from U.S. regulatory agencies and industry The U.S. SPS Enquiry Point combines and reviews draft comments for clarity of analysis and proposed issue resolution Comments and revisions MUST then undergo inter-agency review and clearance EP sends final comments to FAS Overseas Post covering the notifying country FAS posts send comments to specified government and FAS Geneva FAS Geneva sends to WTO Secretariat


How USG SPS Comments Are Prepared and Reported :14 How USG SPS Comments Are Prepared and Reported FAS SPS (IRSD) Staff Coordinate USG Comments FAS Post Foreign SPS Enquiry Point FAS IRSD Inter-Agency Review and Clearance: (Policy Representatives of APHIS, DOC, EPA, FAS, FDA, FSIS, State, and USTR) SPS Database Staff Update SPS &TBT World News Report SPS Document Staff FAS Policy Experts and Posts Industry


:15 Effective SPS Enquiry Points and National Notification Authorities are important in complying with WTO SPS Agreement obligations Changes in regulations can significantly affect world trade The WTO notification process facilitates the sharing of this important information with other Members in a timely manner The WTO notification process provides an opportunity for Members to review each others measures at the draft stage and comment on them before they are officially adopted Wrap Up


:16 YoLanda Starke U.S. National Notification Authority & Enquiry Point Telephone: (202) 720-1301 E-mail: us.spsenquirypoint@fas.usda.gov To Obtain Texts of U.S. Measures Notified to the WTO: Deborah Thompson NNA Program Assistant Telephone: (202) 720-9124 Email: us.spsenquirypoint@fas.usda.gov The U.S. SPS National Notification Authority & Enquiry Point


Questions? :17 Questions? Thank you for your attention!